396 THE FEDERATIONS AND THE UNION [part IV 
the several states as prescribed for the period preceding the 
imposition of uniform duties of customs.! 
94. After five years from the imposition of uniform duties 
of customs, the Parliament may provide, on such basis as it 
deems fair, for the monthly payment to the several states of 
all surplus revenue of the Commonwealth. 
95. Notwithstanding anything in this Constitution, the 
Parliament of the State of Western Australia, if that state be 
an Original State, may, during the first five years after the 
imposition of uniform duties of customs, impose duties of 
customs on goods passing into that state and not originally 
imported from beyond the limits of the Commonwealth ; and 
such duties shall be collected by the Commonwealth. 
But any duty so imposed on any goods shall not exceed 
during the first of such years the duty chargeable on the 
goods under the law of Western Australia in force at the 
imposition of uniform duties, and shall not exceed during 
the second, third, fourth, and fifth of such years respectively, 
four-fifths, three-fifths, two-fifths, and one-fifth of such latter 
duty, and all duties imposed under this section shall cease at 
the expiration of the fifth year after the imposition of uniform 
luties. 
If at any time during the five years the duty on any goods 
under this section is higher than the duty imposed by the 
Commonwealth on the importation of the like goods, then 
such higher duty shall be collected on the goods when im- 
ported into Western Australia from beyond the limits of the 
“ommonwealth. 
98. The power of the Parliament to make laws with 
cespect to trade and commerce extends to navigation and 
shipping, and to railways the property of any state. 
99. The Commonwealth shall not, by any law or regulation 
of trade, commerce, or revenue, give preference to one state 
or any part thereof over another state or any part thereof. 
100. The Commonwealth shall not, by any law or regula- 
tion of trade or commerce, abridge the right of a state or 
of the residents therein to the reasonable use of the waters 
of rivers for conservation or irrigation. 
Nothing has caused more unending discussion than the 
slause 87. ¢ the Braddon blot’. It was a compromise, and 
' Cf. on this, State of Tasmania v. Commonwealth and State of Victoria, 
| C. L. R. 329. Tasmania consistently loses revenue by its proximity to 
Victoria and New South Wales, and the impossibility of caleulating on 
what goods duty should really be paid. |